ABU FAIZAL Vs. STATE OF KERALA

JUDGEMENT

(1.) An order passed by the Court of Sessions, Kollam (for short 'the appellate court') in Crl.M.P. No.721/2019 on 13.06.2019 is under challenge in the petition on hand. The accused who has been convicted by Judicial First Class Magistrate Court (Temporary), Kadakkal in ST No.422/2015 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') had preferred Crl.Appeal No.156/2016 before the appellate court and Crl.M.P. No.3117/2016 was filed by him under Section 389(1) Cr.P.C seeking to suspend the execution of sentence. That application was filed in the year 2016 itself and an order was passed by the appellate court on 15.11.2016, the copy of which is appended to the petition on hand as Annexure A1, which reads:

(2.) The accused has complied with the conditions imposed as above and got the execution of the sentence imposed by the trial court on him, suspended. During the pendency of the appeal, the complainant has filed Crl.M.P. No.721/2019 in Crl.Appeal No.156/2016 under Section 148 N.I. Act seeking for an order directing the appellant/accused to deposit such sum of compensation awarded by the trial court, and to direct the release of the amount so deposited, to him. The application was allowed by the appellate court by order passed on 13.06.2019, the copy of which is appended to this petition as Annexure A2, the relevant part of which is extracted hereunder :

(3.) Aggrieved appellant/accused is now before this Court challenging the order and seeking to quash the same.